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‘Inadequate’ Health Department oversight contributed to Jackson water failure, federal watchdog finds

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A federal watchdog report Monday laid blame on the Mississippi State Department of Health, as well as the Environmental Protection Agency, for prolonging Jackson’s well-documented water woes, saying their failed oversight contributed to the capital city’s infrastructure issues lasting as long as they have.

“The MSDH’s inaction prolonged Jackson’s noncompliance,” the EPA Office of Inspector General’s report reads. The EPA OIG is an independent office within the EPA that conducts investigations and audits on behalf of the agency.

The report goes on to say that the state not documenting or raising attention to critical issues within the water system “obscured the long-standing challenges of the system, allowed issues to compound over time, and contributed to the system’s failure.”

As of Tuesday afternoon, MSDH hadn’t released a statement on the report, only telling Mississippi Today that it was still reviewing the document.

Among the many faults the report identified, the EPA OIG found that MSDH hasn’t had a proper enforcement procedure for drinking water systems since the EPA granted the state primacy — or the authority to regulate those systems — in 1977. The report criticizes both MSDH for not having enforcement procedures, as well as the EPA for not requiring MSDH to do so.

Members of the Mississippi National Guard distribute bottled water to Jackson residents at the Mississippi Trade Mart in Jackson, Miss., Thursday, September 1, 2022. Credit: Eric Shelton/Mississippi Today

The investigation claims that MSDH didn’t call enough attention to significant issues with Jackson’s water system, and that by not doing so it left the EPA in the dark.

“Because the MSDH did not consistently identify significant deficiencies in Jackson’s sanitary surveys, there were no subsequent violations of which the EPA would have been made aware,” the EPA OIG wrote.

Specifically, the document says: “System staffing was a common concern noted throughout multiple sanitary surveys but only rose to the level of a significant deficiency in the February 2020 sanitary survey. In addition, membrane trains, which provide filtration, failed integrity testing in multiple sanitary surveys from 2015 through 2017 but were not deemed a significant deficiency until the February 2020 sanitary survey.”

Notably, only half of the membrane trains at the O.B. Curtis water treatment plant were running when a 2021 winter storm shut down Jackson’s water distribution.

The EPA OIG also listed several instances when MSDH failed to timely communicate with Jackson over its system deficiencies, including when the city failed a lead test in July 2015. MSDH didn’t notify the city of the test results until January 2016, and, due to the delay, “for approximately six months, Jackson residents were unaware that lead may have been in their drinking water,” the report says.

“For the majority of the sanitary surveys and inspections from 2016 through 2020, the MSDH had inconsistent communication with Jackson,” the report adds. “Either the MSDH sent written notification of significant deficiencies several months after conducting a sanitary survey or inspection, or it did not notify Jackson.”

Federal law requires states to conduct “sanitary surveys” at least once every three years to make sure public water systems are up to code.

Jackson’s O.B. Curtis Water Treatment Facility. Tuesday, July 19, 2023. Credit: Eric Shelton/Mississippi Today

Not only did MSDH delay telling Jackson about the city’s deficiencies, the report says, the agency also didn’t adequately reflect the severity of the city’s issues in its inspections. In an interview, an EPA Region IV employee told the EPA OIG that a 2020 diagnosis of Jackson’s water system found issues dating back to 2014 that MSDH hadn’t listed as “significant discrepancies.”

“According to a (Region IV enforcement) employee, the MSDH may have been aware of more problems than what was documented in the sanitary surveys,” the EPA OIG adds. “That employee speculated that there was a lack of ‘political will’ in the MSDH to address problems identified.”

Noting the city’s above-average number of line breaks — which were over three times the industry average from 2017 to 2021 — the report says that while line breaks are usually not reported to the EPA, the state could report the issue to the EPA if they find an “exorbitant number” of boil water notices. From 2014 to 2022, Jackson issued approximately 1,570 boil water notices. The report emphasizes the issue with a photo of a coffee mug captioned “Welcome to Boil Water Alert Mississippi.”

A screenshot of the EPA OIG’s August, 2024 report on MSDH and EPA oversight of Jackson’s water system.

The report is the third this year that the EPA Office of Inspector General, an independent watchdog agency, released about Jackson’s water system. All three stem from the near-collapse of the system in 2022, which happened after the coincidence of flooding on the Pearl River and the failure of pumps at the city’s main treatment plant. Since then, the Department of Justice, EPA and city officials came to an agreement to allow a court-appointed third-party manager to temporarily takeover the water system.

The first report, released in May, found that MSDH and the Mississippi Department of Environmental Quality didn’t racially discriminate against Jackson in funding the city’s water system.

About a week later, though, the EPA OIG released another report that found that MSDH failed to provide Jackson with flexible loan options that are available for economically disadvantaged cities. That report also described failures on the city level, including poor management of its treatment plants as well as gaps in communication between operators and higher-ups.

Monday’s report lists several recommended actions to prevent the agencies’ short-comings in the future, including assessing MSDH’s sanitary survey program and how it helps water systems overcome deficiencies. Another action it lists is to make sure that MSDH has a procedure for enforcing federal and state drinking water laws.

“If (MSDH) is not implementing enforcement procedures as required by Safe Drinking Water Act section 1413, consider whether procedures for rescinding state primacy for water systems should be initiated,” the recommended action states.

In an e-mailed statement from EPA Press Officer Terry Johnson, the agency said that it has “previously identified many of the same concerns raised by the (EPA OIG) and has already begun implementing actions to address their recommendations. This includes working with (MSDH) to ensure strong drinking water regulatory oversight at the state and federal levels.” The City of Jackson did not respond to a request for comment by this story’s publication.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Central, south Mississippi voters will decide judicial runoffs on Tuesday

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mississippitoday.org – Taylor Vance – 2024-11-22 11:16:00

Some Mississippi voters head to the polls Tuesday to decide who should represent them on the state’s highest courts. 

Polls will be open from 7 a.m. to 7 p.m. on Tuesday. Absentee voting has begun, and in-person absentee voting at county circuit clerk’s offices ends at noon on Saturday. 

In the Jackson Metro area and parts of central Mississippi, incumbent Supreme Court Justice Jim Kitchens will compete against Republican state Sen. Jenifer Branning of Neshoba County. In areas on the Gulf Coast, Jennifer Schloegel and Amy St. Pé will face each other for an open seat on the Court of Appeals. 

Candidates for judicial offices in Mississippi are technically nonpartisan, but political parties and trade associations often contribute money to candidates and cut ads for them, which has increasingly made  them almost as partisan as other campaigns. 

In the Central District Supreme Court race, GOP forces are working to oust Kitchens, one of the dwindling number of centrist jurists on the high Court. Conservative leaders also realize Kitchens is next in line to lead the court as chief justice should current Chief Justice Mike Randolph step down.

Kitchens is one of two centrist members of the high court and is widely viewed as the preferred candidate of Democrats, though the Democratic Party has not endorsed his candidacy. 

Kitchens, first elected to the court in 2008, is a former district attorney and private-practice lawyer. On the campaign trail, he has pointed to his experience as an attorney and judge, particularly his years prosecuting criminals and his rulings on criminal cases. 

In an interview on Mississippi Today’s ‘The Other Side’ podcast, Kitchens said his opponent, who primarily practices real estate law, would be at a “significant disadvantage” because the state Supreme Court often reviews criminal cases and major civil lawsuits that are sent to them on appeal. 

“I’m sure she has an academic knowledge about the circuit courts that she perhaps learned in law school or perhaps has been to some seminars, but she does not have the hands-on trial experience that I have,” Kitchens said. “And that’s so important to the work that I do.” 

Branning, a private-practice attorney, was first elected to the Legislature in 2015. She has led the Senate Elections and Transportation committees. During her time at the Capitol, she has been one of the more conservative members of the Senate leadership, voting against changing the state flag to remove the Confederate battle emblem, voting against expanding Medicaid to the working poor and supporting mandatory and increased minimum sentences for crime.

While campaigning for the judicial seat, she has pledged to ensure that “conservative values” are always represented in the judiciary, but she has stopped short of endorsing policy positions — which Mississippi judicial candidates are prohibited from doing. 

Branning declined an invitation to appear on Mississippi Today’s podcast. 

“Mississippians need and deserve Supreme Court justices that are constitutionally conservative in nature,” Branning said in a recent interview with radio station SuperTalk Mississippi. “And by that, I mean justices that simply follow the law. They do not add or take away.”

The two candidates have collectively raised around $187,00 and spent $182,00 during the final stretch of the campaign, according to campaign finance reports filed with the Secretary of State’s office. 

Since she initially qualified in January, Branning has raised the most amount of money at $879,871, with $250,000 of that money coming from a loan she gave her campaign. She spent around $730,000 of that money. Several third party groups have supported her campaign. 

Kitchens has raised around $514,00 since he qualified for reelection. He’s spent roughly $436,000 of that money, and some of his top contributors have been trial attorneys. 

For the open Court of Appeals seat, Schloegel and St Pe, two influential names on the Gulf Coast, are working to turn out their voters in a close election. 

Schloegel is a Chancery Court judge in Harrison, Hancock and Stone counties. St. Pé  is an attorney in private practice, a municipal court judge in Gautier, and a city attorney for Moss Point. 

Schloegel has raised roughly $214,000 since she qualified, and has spent almost that same amount of money this election cycle. St. Pé has raised around $480,000 this year and spent approximately $438,067 during that timeframe. 

Whoever wins the race, it ensures that a woman will fill the open seat. After the election, half of the judges on the 10-member appellate court will be women, the most number of women who have served on the court at one time. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1961

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mississippitoday.org – Jerry Mitchell – 2024-11-22 07:00:00

Nov. 22, 1961

Credit: Courtesy: Georgia Tourism & Travel

Five Black students, made up of NAACP Youth Council members and two SNCC volunteers from Albany State College, were arrested after entering the white waiting room of the Trailways station in Albany, Georgia. 

The council members bonded out of jail, but the SNCC volunteers, Bertha Gober and Blanton Hall declined bail and “chose to remain in jail over the holidays to dramatize their demand for justice,” according to SNCC Digital Gateway. The president of Albany State College expelled them. 

Gober became one of SNCC’s Freedom Singers and wrote the song, “We’ll Never Turn Back,” after the 1961 killing of Herbert Lee in Mississippi. The tune became SNCC’s anthem. 

After her release from jail, Gober joined other students, and police arrested her and other demonstrators. Back in the same jail, she sang to the police chief and mayor to open the cells, “I hear God’s children praying in jail, ‘Freedom, freedom, freedom.’” 

Albany State suspended another student, Bernice Reagon, after she joined SNCC. She poured herself into the civil rights movement and later formed the Grammy-nominated a cappella group Sweet Honey in the Rock to educate and empower the audience and community. 

“When I opened my mouth and began to sing, there was a force and power within myself I had never heard before,” a power she said she did not know she had. 

Other members of the Freedom Singers included Cordell Reagon, Bernice Johnson, Dorothy Vallis, Rutha Harris, Bernard Lafayette and Charles Neblett. On the third anniversary of the sit-in movement in 1963, they performed at Carnegie Hall. 

“This is a singing movement,” SNCC leader James Forman told a reporter. “The songs help. Without them, it would be ugly.” 

Today, the Albany Civil Rights Institute houses exhibits on these protesters, Martin Luther King Jr. and others who joined the Albany Movement.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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IHL deletes the word ‘diversity’ from its policies

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mississippitoday.org – Molly Minta – 2024-11-21 14:32:00

The governing board of Mississippi’s public universities voted Thursday to delete the word “diversity” from several policies, including a requirement that the board evaluate university presidents on campus diversity outcomes.

Though the Legislature has not passed a bill targeting diversity, equity and inclusion initiatives in higher education, the Institutions of Higher Learning Board of Trustees approved the changes “in order to ensure continued compliance with state and federal law,” according to the board book

The move comes on the heels of the re-election of former President Donald Trump and after several universities in Mississippi have renamed their diversity offices. Earlier this year, the IHL board approved changes to the University of Southern Mississippi’s mission and vision statements that removed the words “diverse” and “inclusiveness.”

In an email, John Sewell, IHL’s communications director, did not respond to several questions about the policy changes but wrote that the board’s goal was to “reinforce our commitment to ensuring students have access to the best education possible, supported by world-class faculty and staff.”

“The end goal is to support all students, and to make sure they graduate fully prepared to enter the workforce, hopefully in Mississippi,” Sewell added.

On Thursday, trustees approved the changes without discussion after a first reading by Harold Pizzetta, the associate commissioner for legal affairs and risk management. But Sewell wrote in an email that the board discussed the policy amendments in open session two months ago during its retreat in Meridian, more than an hour away from the board’s normal meeting location in Jackson.

IHL often uses these retreats, which unlike its regular board meetings aren’t livestreamed and are rarely attended by members of the public outside of the occasional reporter, to discuss potentially controversial policy changes.

Last year, the board had a spirited discussion about a policy change that would have increased its oversight of off-campus programs during its retreat at the White House Hotel in Biloxi. In 2022, during a retreat that also took place in Meridian, trustees discussed changing the board’s tenure policies. At both retreats, a Mississippi Today reporter was the only member of the public to witness the discussions.

The changes to IHL’s diversity policy echo a shift, particularly at colleges and universities in conservative states, from concepts like diversity in favor of “access” and “opportunity.” In higher education, the term “diversity, equity and inclusion” has traditionally referred to a range of efforts to comply with civil rights laws and foster a sense of on-campus belonging among minority populations.

But in recent years, conservative politicians have contended that DEI programs are wasteful spending and racist. A bill to ban state funding for DEI in Mississippi died earlier this year, but at least 10 other states have passed laws seeking to end or restrict such initiatives at state agencies, including publicly funded universities, according to ABC News.

In Mississippi, the word “diversity” first appeared in IHL’s policies in 1998. The diversity statement was adopted in 2005 and amended in 2013. 

The board’s vote on Thursday turned the diversity statement, which was deleted in its entirety, into a “statement on higher education access and success” according to the board book. 

“One of the strengths of Mississippi is the diversity of its people,” the diversity statement read. “This diversity enriches higher education and contributes to the capacity that our students develop for living in a multicultural and interdependent world.”

Significantly, the diversity statement required the IHL board to evaluate the university presidents and the higher learning commissioner on diversity outcomes. 

The statement also included system-wide goals — some of which it is unclear if the board has achieved — to increase the enrollment and graduation rates of minority students, employ more underrepresented faculty, staff and administrators, and increase the use of minority-owned contractors and vendors. 

Sewell did not respond to questions about if IHL has met those goals or if the board will continue to evaluate presidents on diversity outcomes.

In the new policy, those requirements were replaced with two paragraphs about the importance of respectful dialogue on campus and access to higher education for all Mississippians. 

“We encourage all members of the academic community to engage in respectful, meaningful discourse with the aim of promoting critical thinking in the pursuit of knowledge, a deeper understanding of the human condition, and the development of character,” the new policy reads. “All students should be supported in their educational journey through programming and services designed to have a positive effect on their individual academic performance, retention, and graduation.” 

Also excised was a policy that listed common characteristics of universities in Mississippi, including “a commitment to ethnic and gender diversity,” among others. Another policy on institutional scholarships was also edited to remove a clause that required such programs to “promote diversity.” 

“IHL is committed to higher education access and success among all populations to assist the state of Mississippi in meeting its enrollment and degree completion goals, as well as building a highly-skilled workforce,” the institutional scholarship policy now reads. 

The board also approved a change that requires the universities to review their institutional mission statements on an annual basis.

A policy on “planning principles” will continue to include the word “diverse,” and a policy that states the presidential search advisory committees will “be representative in terms of diversity” was left unchanged.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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